This index highlights the laws, regulations, and other references relating
to Federal leave programs and policies. The index is a valuable resource for
researching major leave subject-matter areas. Please contact your agency personnel
office, library, legal office, or information technology office to obtain
copies of the documents cited (e.g., laws, regulations, Executive orders,
opinions of the Comptroller General (Comp. Gen.)1, etc.). Since
each agency is responsible for Federal leave administration, it is imperative
that you also consult your agency's internal policies and collective bargaining
agreements, as applicable. Also see the leave fact sheets available on OPM's
website at http://www.opm.gov/oca/leave/HTML/factindx.asp.
|
SUBJECT |
LAW
5 U.S.C. (unless otherwise indicated) |
REGULATION/OTHER
5 CFR (unless otherwise indicated) |
|
ABSENCE
|
|
|
|
bone marrow/organ donation
|
6327
|
|
|
funerals, law enforcement officers
|
6327
|
|
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funerals, relatives in Armed Forces
|
6326
|
|
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funerals, veterans
|
6321
|
|
|
hostile actions abroad
|
6325
|
|
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police and firemen, resulting from duty
|
6324
|
|
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ACCRUAL
|
|
|
|
annual leave
|
|
|
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full-time
|
6303(a)
|
630.202
|
|
part-time
|
6302(c)
|
630.303
|
|
uncommon tours
|
|
630.210
|
|
sick leave
|
|
|
|
full-time
|
6307(a)
|
630.202
|
|
part-time
|
6302(c)
|
630.406, 630.202(b)
|
|
uncommon tours
|
|
630.210
|
|
change in accrual rate
|
6303(c)
|
|
|
ACCUMULATION
|
|
|
|
annual leave
|
6304(a)
|
630.304, 630.302
|
|
Overseas
|
6304(b)
|
630.302
|
|
Senior Executive Service (SES)
|
6304(f)
|
630.301
|
|
sick leave
|
6307(b)
|
|
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ADMINISTRATIVE LEAVE (SEE EXCUSED ABSENCE)
|
|
|
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ADOPTION (SICK LEAVE)
|
6307(c)
|
630.401(a)(6)
|
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ADVANCE LEAVE
|
|
|
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annual leave
|
6302(d)
|
|
|
sick leave
|
6307(d)
|
630.209, 630.404
|
|
refund value of sick leave
|
|
630.208(d);Comp. Gen. Opinion
B-189531 (09/14/77)
|
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not likely to return to duty
|
|
25 Comp. Gen. 874 (1946)23 Comp. Gen. 837 (1944)
|
ALTERNATIVE WORK SCHEDULES (LEAVE ADMINISTRATION) |
6129
|
|
ANNUAL LEAVE |
|
part 630, subparts B and C;Title II-Leave, Civilian
Personnel Law Manual, chapter 2-Annual Leave
|
|
covered employees
|
6301
|
|
general provisions
|
5302
|
|
Accrual
|
6303
|
|
maximum accumulation
|
6304
|
|
transfer between different leave systems
|
6308
|
|
reduction in force - use of annual leave to qualify
for retirement/health benefits
|
6302(g)
|
351.606(b), 351.608, 630.212
|
|
agency discretion
|
|
39 Comp. Gen. 611 (1960)
16 Comp. Gen. 481 (1936)
|
|
ANNUITIES (COMPUTATION, USE OF SICK LEAVE)
|
8339(m)
|
630.407, 831.302
|
|
BACK PAY (RESTORED ANNUAL LEAVE)
|
5596(b)(1)(B)
|
550.805(g)
|
|
BEREAVEMENT (SICK LEAVE)
|
6307(d)
|
630.401(a)(4)
|
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COURT LEAVE
|
|
|
|
jury duty
|
6322
|
Title II-Leave, Civilian Personnel Law Manual, chapter
5, part C-Court Leave
|
|
witness
|
6322
|
|
|
credit/retention of fees
|
5515, 5537
|
Title I-Compensation, Civilian Personnel Law Manual,
chapter 9-Service as Juror or Witness
|
|
CREDITABLE SERVICE FOR LEAVE ACCRUAL
|
6303(a)
|
Title II-Leave, Civilian Personnel Law Manual, chapter
2, part C-Creditable Services and part D-Noncreditable Services
|
|
Agriculture Soil Conservation Service (ASCS) and
Nonappropriated Fund (NAF) Employees
|
6312
|
|
District of Columbia Police and Firemen's Retirement
System
|
|
Comp. Gen. Opinion
B-256756 (4/11/95)
|
|
DEMONSTRATION PROJECTS (PROHIBITION OF LEAVE WAIVER)
|
4703(c)(1)
|
|
|
DESERT SHIELD/DESERT STORM RESERVISTS LEAVE BANK
|
Public Law 102-25 (04/06/91)
|
part 630, subpart K
|
|
DISMISSAL, ADMINISTRATIVE (DAILY, HOURLY, and PIECE-WORK)
|
6104
|
part 610, subpart C
|
|
DISMISSALS, ADMINISTRATIVE/EMERGENCY
|
301, 6104, 6302(a)
|
part 610, subpart C
|
|
Leave Without Pay status
|
|
56 Comp. Gen. 393 (1977)
|
|
EMERGENCY LEAVE TRANSFER PROGRAM
|
6391
|
part 630, subpart K
|
|
EMPLOYEES COVERED BY THE FEDERAL LEAVE SYSTEM
|
6301(2)
|
Title II-Leave, Civilian Personnel Law Manual, chapter
I, part B-Employees Covered and part C-Employees Excluded
|
|
EXCLUSION OF PRESIDENTIAL APPOINTEES
|
6301(2)(xi)
|
630.211
|
|
EXCUSED ABSENCE
|
6104, 6302(a)
|
Title II-Leave, Civilian Personnel Law Manual, chapter
5, part A-Administrative Leave
|
|
FAMILY AND MEDICAL LEAVE ACT (FMLA) (TITLE I administered by the
Department of Labor)
|
29 U.S.C. 2601 et seq.
|
29 CFR part 825
|
|
FAMILY AND MEDICAL LEAVE ACT (FMLA)(TITLE II administered by the
Office of Personnel Management)
|
6381-6387
|
part 630, subpart L
|
|
EXPANDED FAMILY AND MEDICAL LEAVE POLICIES
|
|
Presidential
Memorandum, April 11, 1997
OPM Memorandum,
April 14, 1997
Questions and
Answers,
April 17, 1997
|
|
FAMILY CARE (SICK LEAVE)
|
6307(d)(1)
|
630.401(a)(3)
|
|
FAMILY MEMBER (Definition)
|
|
|
|
Family and Medical Leave
|
6381
|
630.1202
|
|
leave transfer
leave bank
emergency leave transfer
|
|
630.902
630.1002
630.1102
|
|
sick leave
|
6307(d)
|
630.201(b)
|
|
HOLIDAYS
|
6103, 6104
|
part 610, subpart B
Title II-Leave, Civilian Personnel Law Manual, chapter
5, part B-Holidays
|
|
Leave Without Pay before and after
|
|
Comp. Gen. Opinion
B-187520 (02/22/77)
|
|
Leave Without Pay before or after
|
|
56 Comp. Gen. 393 (1977)
|
|
HOME LEAVE
|
6305
|
part 630, subpart F;Title II-Leave, Civilian Personnel
Law Manual, chapter 5, part E-Home Leave
|
|
JURY DUTY (SEE COURT LEAVE)
|
6322
|
|
|
LEAVE CEILING (ANNUAL LEAVE)
|
|
|
|
General
|
6304(a) and (b)
|
630.302, 630.304
|
|
Senior Executive Service (SES)
|
6304(f) (1)
|
630.301
|
|
scheduling "use or lose" leave
|
|
630.308
|
|
LEAVE BANK PROGRAM
|
6361-6373
|
part 630, subpart J
|
|
LEAVE TRANSFER PROGRAM
|
6331-6340
|
part 630, subpart I
|
|
death of recipient - no retroactive substitution
|
|
70 Comp. Gen. 432 (1991)
68 Comp. Gen. 694 (1989)
|
|
employee unable to return to work
|
|
Comp. Gen. opinion
B-271561.2 (07/26/89)
|
|
LEAVE OF ABSENCE (ALIENS)
|
6310
|
|
|
LEAVE WITHOUT PAY
|
|
|
|
administrative discretion
|
|
Title II-Leave, Civilian Personnel Law Manual, chapter
5, part F-Leave Without Pay
|
|
disabled veterans
|
Executive Order5396 (July 17, 1960)
|
|
|
injury compensation
|
5 U.S.C. Chapter 81
|
|
|
military training
|
38 U.S.C. 2024(d)
|
|
|
creditable service
|
8332(f)
|
|
|
during military service
|
6303(a)
|
353.107 Comp. Gen. opinion
B-215542 (08/01/85)
|
|
during period covered by service agreement
|
|
Comp. Gen. opinion
B-184948 (11/18/75)
|
|
Family and Medical Leave Act - Title II
|
6384(b)(2)
|
630.1208
|
|
reduction in leave credits
|
|
630.208
|
|
compensation for disability
|
8118(c)
|
Comp. Gen. opinion
B-164617 (04/13/72)
|
|
within-grade waiting periods
|
|
531.406
|
|
LUMP-SUM PAYMENTS FOR ANNUAL LEAVE
|
5551-5553, 6304(e)
|
part 550, subpart L
|
|
DOD base closings
|
5551(c)
|
|
|
refund of lump-sum payment and recredit of annual
leave
|
6306
|
part 550, subpart L
|
|
MEDICAL CERTIFICATION
|
|
|
|
sick leave
|
|
630.403
|
|
Family and Medical Leave
|
6383
|
630.1207
|
|
leave transfer and leave bank programs
|
6333(a), 6367(a)
|
630.904; 630.1006
|
|
MILITARY LEAVE
|
6323
|
Title II-Leave, Civilian Personnel Law Manual, chapter
5, part D-Military Leave
"Rights
of Reservists Called to Duty for the National Emergency," Sept.14,
2001
|
|
offset of payments received
|
5519
|
|
|
funeral honors duty
|
6323(a)
|
|
|
MINIMUM CHARGE OF LEAVE
|
|
630.206
|
|
NONAPPROPRIATED FUND EMPLOYEES(LEAVE PORTABILITY)
|
6308(b), 6312
|
|
|
RECREDIT OF LEAVE
|
6306
|
part 630, subpart E
|
|
REFUND FOR UNEARNED (ADVANCED) LEAVE
|
|
630.209(a)
|
|
waiver for medical disability
|
|
630.209(b)
|
|
RESTORATION OF ANNUAL LEAVE
|
6304(d) and (e)
|
630.305-309
Title II-Leave, Civilian Personnel Law Manual, chapter
2, part G-Restoration of Leave
|
|
back pay
|
5596(b)(1)(B)
|
550.805(e)(2)(iv)
|
|
DOD base closings
|
6304(d)(3)
|
630.306(b)
|
|
leave forfeiture / scheduling requirement
|
|
630.306(a);
56 Comp. Gen. 470 (1977)
|
|
Restoration and scheduling of annual leave for Y2K
conversion
|
|
630.310
|
|
Restoration and scheduling of annual leave during
the national emergency
|
|
630.311
|
|
SHORE LEAVE
|
6305
|
part 630, subpart G
|
|
SICK LEAVE
|
|
part 630, subparts B, D, and E;
Title II-Leave, Civilian Personnel Law Manual, chapter
4-Sick Leave
|
|
covered employees
general provisions
accrual and maximum accumulation
transfer between different leave systems
|
6301
|
|
6302
|
|
6307
|
|
6308
|
|
adoption
|
6307(c)
|
630.401(a)(6)
|
|
care of a family member with a serious health condition
|
|
630.401(a)(3),(b), and (d)
|
|
general family care and bereavement; and
|
6307(d) (expired)
|
630.401(a)(2),(a)(4), (c) and (d)
|
|
incapacity due to death of spouse
|
|
Comp. Gen. Opinion
B-207444 (10/20/82)
|
|
agency discretion
|
|
Comp. Gen. Opinion
B-170730 (08/16/71)
|
|
SUBSTITUTION OF LEAVE
|
|
|
|
sick leave for annual leave
|
|
630.405;
Title II-Leave, Civilian Personnel Law Manual, chapter
4, part D, 5(a)-Substitution of Sick Leave for Annual Leave
|
|
sick leave for leave without pay
|
|
Title II-Leave, Civilian Personnel Law Manual, chapter
4, part D, 5(b)-Substitution of Sick Leave for Leave Without Pay
|
|
annual leave for sick leave
|
|
Title II-Leave, Civilian Personnel Law Manual, chapter
2, part F, 4(a)-Substitution of Annual Leave for Sick Leave
|
|
annual leave for leave without pay
|
|
Title II-Leave, Civilian Personnel Law Manual, chapter
2, part F, 4(b)-Substitution of Annual Leave for Leave Without Pay
|
|
substitution of leave without pay for annual leave
|
|
Title II-Leave, Civilian Personnel Law Manual, chapter
5, part F, 7(a)-Substitution of Leave Without Pay for Annual Leave
|
|
substitution of leave without pay for sick leave
|
|
Title II-Leave, Civilian Personnel Law Manual, chapter
5, part F, 7(a)-Substitution of Leave Without Pay for Sick Leave
|
|
SUNDAY PREMIUM PAY
prohibition on Sunday premium pay for periods of
leave
|
Section 624 of Treasury and General Government Appropriations
Act, 1999, as contained in section 101(h) of Public Law 105-277, Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999
|
|
|
TERMINAL LEAVE
|
|
Comp. Gen. Opinion
B-223876 (06/12/87)
|
|
TRANSFER OF LEAVE BETWEEN AGENCIES AND LEAVE SYSTEMS
|
6308
|
630.501, 630.502
Title II-Leave, Civilian Personnel Law Manual, chapter
2, part E-Transfers and Reemployment (Annual Leave) and chapter 4,
part C-Transfers and Reemployment (Sick Leave)
|
|
to and from Milk Markets
|
|
Comp. Gen. Opinion
B-109025, June 23, 1952, and
B-109025, March 11, 1966
|
|
TRAVEL TO/FROM POST OF DUTY
|
6303(d)
|
630.207
|
|
UNCOMMON TOURS OF DUTY
|
6307(d)(3)(B)
|
630.201, 630.210
|
|
VETERANS
|
|
|
|
use of leave for physical examination
|
Executive Order 5396 (July 17, 1930)
|
|
|
travel expenses - VA physical exam
|
|
Comp. Gen. Opinion
B-188012 (05/10/77
|
|
VOLUNTEER ACTIVITIES
|
|
Presidential
Memorandum, April 22, 1998
OPM
Memorandum, April
23, 1998
Guidance
April 23, 1998
OPM
Memorandum CPM 2002-4, April 23, 2002
|
|
participation of Federal employees in volunteer activities
|
|
WORKERS' COMPENSATION
(Federal Employees Compensation Act)
|
chapter 81
|
Title II-Leave, Civilian Personnel Law Manual, chapter
4, part E-Employee Receiving Workers' Compensation; chapter 4, part
H-Buy Back of Sick Leave; and chapter 2, part G, 7(c)(4)-Buy Back
of Annual Leave
|
|
buy-back of leave
|
|
20 CFR 10.202,310
|
|
No administrative leave for injury
|
|
Comp. Gen. Opinion
B-192510 (04/06/79)
|
|
forfeiture of annual leave
|
|
62 Comp. Gen. 253 (1983);Comp. Gen. Opinion
B-204524 (03/23/82)
|
|
accrual of leave while on leave without pay
|
|
630.204;29 Comp. Gen. 73 (1949);Comp. Gen. Opinion
B-180010.12 (03/08/79)
|
1. Opinions of the Comptroller General are included in the General Accounting
Office's Civilian Personnel Law Manual (CPLM), Title II (Leave), Fourth
Edition, 1996. Title II of the CPLM is available at http://www.gao.gov/special.pubs/og96006.txt
or may be ordered from the U.S. Government Printing Office at:
2. Presidential memoranda and Office of Personnel Management (OPM) guidance
materials on expanded family and medical leave policies and participation
of Federal employees in volunteer activities may be accessed on OPM's web
site at http://www.opm.gov/oca. See our
leave fact sheets available on at http://www.opm.gov/oca/leave/HTML/factindx.asp.
3. If you have any comments or suggestions regarding the Leave Index, please
call us at (202) 606-2858, FAX (202) 606-0824 or email payleave@opm.gov
